House panel advances bill to let Tennessee collect fees for TACN tower improvements

The House Government Operations Committee on Feb. 24 advanced House Bill 122 to the finance committee, backing a proposal to let the state collect fees from private entities that lease space on the Tennessee Advanced Communication Network to operate, maintain and improve the network.

The bill’s sponsor, Representative Scarborough, told the committee the proposal would rewrite "Tennessee Code Annotated 4 3 2 18" so the state can assess fees to support operation, maintenance and improvements of the communications system. Scarborough said allowing assessments for improvements should reduce the amount of funding requested in future budget cycles and “cover implementation of the [TACN] moving forward.”

Why it matters: Committee members and staff described TACN as the statewide interoperable radio system used by first responders and public-safety agencies. Vice Chair Reeder said the system "provides communications connectivity infrastructure for local state and federal first responders. First responders, including law enforcement, fire, EMS, and health care providers have a reliable communications capabilities for daily operations, ability to talk to each other, to coordinate at the local, regional, and statewide level to respond to the event of emergency or disaster." Proponents said expanded funding authority would help maintain and improve coverage in areas where topography has caused gaps.

Department of Safety clarification: Elizabeth Stroker, legislative director for the Department of Safety, told the committee that the fees created by the bill would not be assessed to local agencies that join TACN. She said local jurisdictions may join the network voluntarily and continue to receive services "without that charge." Stroker added the fees envisioned by the bill would come from private entities — for example, AT&T or T-Mobile or a utility company — that choose to lease space on state-built towers rather than build their own.

Committee questions and technical limits: Members asked how many local agencies currently use the towers, what percentage of the state remains uncovered and whether the towers take feed from satellites or from other towers. Department staff said topography has limited coverage historically and that they could provide more precise coverage figures later. On the number of towers, a Department of Safety speaker told the committee the department has built about 144 towers and was "working on, I think, what, 200 more;" an additional staff remark in the hearing referenced "260 more." The committee did not receive a definitive single total during the hearing; the Department of Safety offered to provide more exact figures after the session.

Emergency vs. long-term access: Committee members asked whether short-term emergency access or out-of-state entities would be affected. Department staff said the statute targeted by the bill relates to long-term leases to private parties; emergency access and short-term arrangements are handled separately and would not be governed by the private-lease fee structure described in the bill.

Votes and next steps: Committee members moved the bill out to the finance committee. The clerk recorded the vote as "13 ayes." The committee also took item number 2 off notice. With no further business, the committee adjourned.

Ending note: Department staff told members they would follow up with more detailed technical and coverage information if requested, including which local agencies use the network and a precise count of active towers and planned builds.